DOCKET NO.: AA\ 5-6018372 7 SUPERIOR COURT SHAW GROWTH VENTURES, INC. : J.D. of ANSONIA-MILFORD v. : AT MILFORD WASHINGTON MANAGEMENT, LLC, ET AL: JUNE 10, 2015 AMENDED COMPLAIN’ AS OF RIGHT UND) COUNT ONE: FORECLOSURE (501 EAST MAIN STREET, ANSONIA) 1, The Plaintiff, Shaw Growth Ventures, Inc. has an office and place of business with an address of 301 N, Broadway, Suite 200, Jericho, NY 11753. 2, The Defendant, Washington Management, LLC a/k/a Washington Management LLC (hereinafter referred to as “Washington Management”), is a Connecticut limited liability company registered with the Connecticut Secretary of State, with a mailing address of 66 Washington Road, Hamden, CT 06518. 3. At all times complained of herein, the Defendant, Washington Management, LLC owned real property situated in the Town of Ansonia, County of New Haven and State of Connecticut known as 501 East Main Street, Ansonia, CT 06401 (hereinafter referred to as “501 East Main Street”) being more particularly described in Schedule A, attached hereto and made a part hereof. 4, On or about January 3, 2013, the Defendant, Washington Management, executed and delivered to Entertainment Financial, LLC, a Note (the “Note”) for a loan in the original 1 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS ATLAW SOWESTON STREET ® HARTFORD, CONNECTICUT 08120 « (860) 808-0000 © URIS NO. 101609principal amount of $2,000,000.00. A true and accurate copy of the Note is attached hereto as Exhibit A. On said date to secure said Note the Defendant, Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “501 East Main Mortgage”) on 501 East Main Street. Said Mortgage was dated January 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 173 of the Ansonia Land Records, A true and accurate copy of the 501 East Main Mortgage is attached hereto as Exhibit B. As further security for the Note, the Defendant, Washington Management, executed a Collateral Assignment of Leases and Rentals to Entertainment Financial, LLC, with respect to the subject property, dated January 3, 2013 and recorded on January 7, 2013 in Volume 512 at Page 191 of the Ansonia Land Records. A true and accurate copy of the Collateral Assignment of Leases and Rents is attached hereto as Exhibit C. . On or about January 3, 2013, to secure said Note, the Defendant, Moustapha Diakhate, did execute and deliver to Washington Management a Commercial Guaranty dated January 3, 2013. A true and accurate copy of the Guaranty is attached hereto as Exhibit D. Pursuant to the terms of the Guaranty, the Defendant, Moustapha Diakhate, did unconditionally and absolutely guaranty the prompt payment and performance due under the Note. Said Loan was thereafter modified by virtue of a Modification Agreement effective December 31, 2013 and recorded January 15, 2014 in Volume 522 at Page 411 of the = HUNT LEIBERT JACOBSON, PO, # ATTORNEYS ATLAW SO WESTON STREET e HARTFORD, CONNECTICUT 05120 (860) 808-0608 « JURIS NO. 101560ul Ansonia Land Records. A true and accurate copy of the Modification Agreement is attached hereto as Exhi it E. The Collateral Assignment of Leases and Rents, Guaranty, and Modification Agreement are hereinafter referred to as “Loan Documents.” ‘The 501 East Main Mortgage, Note, and related Loan Documents were assigned to EF Portfolio Properties, LLC by virtue of an Assignment of Mortgage, Security Agreement, and Assignment of Leases and Rents and Fixture Financing Statement dated February 12, 2015 and recorded March 5, 2015 in Volume 531 at page 321 of the Ansonia Land Records. Said Loan Documents were further assigned by Assignment of Open-End Mortgage Deed and Security Agreement by EF Portfolio Properties, LLC to the Plaintiff, Shaw Growth Ventures, Inc., dated March 13, 2015 and recorded on March 20, 2015 in Volume 531 at Page 760 of the Ansonia Land Records. True and accurate copies of the Assignments of Mortgage and Security Agreement are attached hereto as Exhibits F and G, respectively. The Collateral Assignment of Leases and Rents were also assigned to EF Portfolio Properties, separately by Assignment dated March 13, 2015 and recorded in Volume 531 at Page 626 of the Ansonia Land Records. The Collateral Assignment of Leases and Rents were further assigned to Shaw Growth Ventures, Inc. by assignment dated March 13, 2015 and recorded in Volume 531 at Page 764 of the Ansonia Land Records. The Plaintiff is the owner and holder of the Note, Mortgage, and all the related Loan Documents. 3 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS ATLAW SOWESTON STREET ¢ HARTFORD, CONNECTICUT as120 * (860) 802-0008 ~ JURIS NO. 10150012, Said Note is in default and the Plaintiff, Shaw Growth Ventures, Inc., as the holder of said Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing said Note. 13, Although not required under the Note and Mortgage, the Plaintiff has provided written notice to the Defendant of the default under the Note and Mortgage. The Defendant has failed and neglected to cure the default and the Plaintiff has accelerated the balance due on said Note to declare said Note to be due in full and to foreclose the Mortgage securing said Note. A copy of the demand letter is attached hereto as Exhibit H. 14, The following liens or encumbrances claim to have an interest in the 501 East Main Street property which liens or encumbrances are prior in right to the Mortgage her a. The City of Ansonia may claim an interest in 501 East Main Street by virtue of inchoate liens for real estate taxes. , The Connecticut Department of Environmental Protection (“DEP”) claims an interest in 501 East Main Street by virtue of a Notice of Agreement and Intent to Record Environmental Land Use Restrictions dated March 23, 2012 and recorded on April 5, 2012 in Volume 505 at Page 542 of the Ansonia Land Records. ¢. The City of Ansonia claims an interest in $01 East Main Street by virtue of a Tax Lien in the original principal sum of $5,258.75 dated May 6, 2013 and recorded May 14, 2013 in Volume 515 at Page 511 of the Ansonia Land Records. 4 HUNT LEIBERT JACOBSON, PC. « ATTORNEYS ATLAW SOWESTON STREET © HARTFORD, CONNECTICUT 06120 (880) 808-0606 © JURIS NO. 1015894. The City of Ansonia claims an interest in 501 East Main Street by virtue of a Tax Lien in the original principal sum of $4,217.26 dated May 5, 2014 and recorded May 14, 2014 in Volume 524 in Page 1010 of the Ansonia Land Records. €. The City of Ansonia claims an interest in 501 East Main Street by virtue of a Blight Lien and Certification of Continuing Lien in the amount of $8,000 for the first 30 days, increasing to $20,000.00 per day after thirty days, dated April 2, 2015 and recorded on April 2, 2015 in Volume 531 at Page 1151 of the Ansonia Land Records. The City of Ansonia further claims an interest in 501 East Main Street by virtue of a Blight Lien in the amount of $1,055,700.00 dated April 2, 2015 and recorded April 2, 2015 in Volume 531 at Page 1154 of the Ansonia Land Records. 15, The following liens or encumbrances claim to have an interest in the Property which liens or encumbrances are subsequent in right to the Mortgage herein: a. The Defendant, YELLOW HOUSE CAPITAL, LLC claims an interest in 501 East Main Street by virtue of a Mortgage in the original principal sum of $500,000.00 dated January 3, 2013 and recorded December 16, 2013 in Volume 521 in Page 953 of the Ansonia Land Records. b, ‘The Defendant, KEITH THOMAS claims an interest in 501 East Main Street by virtue of a Mortgage in the or al principal sum of $172,000.00 dated April 7, 2014 and recorded April 8, 2014 in Volume 524 in Page 344 of the Ansonia Land Records, 5 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS ATLAW: 50 \WESTON STREET @ HARTFORD, CONNECTICUT 06120 ® (860) 806-0606 URIS NO. 101500c. The Defendant, SOLID PARTNERSHIPS REI, LLC claims an interest in 501 East Main Street by virtue of a Mortgage in the original principal sum of $30,000.00 dated October 27, 2014 and recorded October 30, 2014 in Volume 528 in Page 988 of the Ansonia Land Records, 16, The Defendant, Washington Management, is the owner of the equity of redemption in 501 East Main Street and, upon information and belief, is in possession of the Property. 17. Plaintiff claims possession of all collateral and property as secured and defined by the Mortgage, including but not limited to the Property located at 501 East Main Street, and all fixtures with respect to said Property. 18, The Plaintiff has caused a Lis Pendens to be recorded against 501 East Main Street on the Land Records of the Town of Ansonia. COUNT TWO: — FORECLOSURE (65 MAIN STREET, ANSONIA) 1. The Plaintiff, Shaw Growth Ventures, Inc. has an office and place of business with an address of 301 N. Broadway, Suite 200, Jericho, NY 11753. 2. ‘The Defendant, Washington Management, LLC a/k/a Washington Management LLC (hereinafter referred to as “Washington Management”), is a Connecticut limited liability company registered with the Connecticut Secretary of State, with a mailing address of 66 Washington Road, Hamden, CT 06518. 3. Atall times complained of herein, the Defendant, Washington Management, LLC, owned real property situated in the Town of Ansonia, County of New Haven and State of 6 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW S0WESTON STREET ® HARTFORD, CONNECTICUT 06120 « (G60) 080508 ® JURIS NO. 101889Connecticut known as 65 Main Street, Ansonia, CT’ 06401 (hereinafter referred to as “65 Main Street”) being more particularly described in Schedule B, attached hereto and made a part hereof. }. On or about January 3, 2013, the Defendant, Washington Management, executed and delivered to Entertainment Financial, LLC, a Note (the “Note”) for a loan in the original principal amount of $2,000,000.00. A true and accurate copy of the Note is attached hereto as Exhil AL On said date to secure said Note the Defendant, Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “65 Main Mortgage”) on 65 Main Street. Said Mortgage was dated January 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 197 of the Ansonia Land Records. A true and accurate copy of the 65 Main Mortgage is attached hereto as Exhibit I. . As further security for the Note, the Defendant, Washington Management, executed a Collateral Assignment of Leases and Rentals to Entertainment Financial, LLC, with respect to the subject property, dated January 3, 2013 and recorded on January 7, 2013 in Volume 512 at Page 215 of the Ansonia Land Records, A true and accurate copy of the Collateral Assignment of Leases and Rents is attached hereto as Exhibit J. . On or about January 3, 2013, to secure said Note, the Defendant, Moustapha Diakhate, did execute and deliver to Washington Management a Commercial Guaranty dated January 3, 2013. A true and accurate copy of the Guaranty is attached hereto as Exhibit 7 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS A LAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 (@60)€08-0606 © JURIS NO. 10758910. D. Pursuant to the terms of the Guaranty, the Defendant, Moustapha Diakhate, did unconditionally and absolutely guaranty the prompt payment and performance due under the Note. Said Loan was thereafler modified by virtue of a Modi ion Agreement effective December 31, 2013 and recorded January 15, 2014 in Volume 522 at Page 411 of the Ansonia Land Records. A true and accurate copy of the Modification Agreement is attached hereto as Exhibit E. The 65 Main Mortgage, Note, and related Loan Documents were assigned to EF Portf io Properties, LLC by virtue of an Assignment of Mortgage, Security Agreement, and Assignment of Leases and Rents and Fixture Financing Statement dated February 12, 2015 and recorded March 5, 2015 in Volume 531 at page 325 of the Ansonia Land Records. Said Loan Documents were further assigned by Assignment of Open-End Mortgage Deed and Security Agreement by EF Portfolio Properties, LLC to the Plaintiff, Shaw Growth Ventures, Inc., dated March 13, 2015 and recorded on March 20, 2015 in Volume 531 at Page 768 of the Ansonia Land Records. True and accurate copies of the Assignments of Mortgage and Security Agreement are attached hereto as Exhibits K and L, respectively. ‘The Collateral Assignment of Leases and Rents were also assigned to EF Portfolio Properties, separately by Assignment dated March 13, 2015 and recorded in Volume 531 at Page 631 of the Ansonia Land Records. The Collateral Assignment of Leases and Rents were further assigned to the Plaintiff, Shaw Growth Ventures, Inc. by assignment 8 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS ATLAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 » (260) 808-0808 # JURIG NO, 101660dated March 13, 2015 and recorded in Volume 531 at Page 772 of the Ansonia Land Records. 11, The Plaintiff is the owner and holder of the Note, Mortgage, and all the related Loan Documents. 12, Said Note is in default and the Plaintiff, Shaw Growth Ventures, Inc., as the holder of said Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing said Note. 13, Although not required under the Note and Mortgage, the Plaintiff has provided written notice to the Defendant of the default under the Note and Mortgage. The Defendant has failed and neglected to cure the default and the Pl {T has accelerated the balance due on said Note to declare said Note to be due in full and to foreclose the Mortgage securing said Note. A copy of the demand letter is attached hereto as Exhibit H. 14. The following liens or encumbrances claim to have an interest in the 65 Main Street property which liens or encumbrances are prior in right to the Mortgage herein: a, The City of Ansonia may claim an interest in the 65 Main Street property by virtue of inchoate liens for real estate taxes. b. The City of Ansonia claims an interest in 65 Main Street by virtue of a Tax Lien in the original principal sum of $1,093.00 dated July 12, 2011 and recorded July 12, 2011 in Volume 499 in Page 28 of the Ansonia Land Records. c. The Connecticut Department of Environmental Protection (“DEP”) claims an interest in 65 Main Street by virtue of a Notice of Agreement and Intent to Record 9 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 © (880) 808.0806. JURIS NO. 101599Environmental Land Use Restrictions dated March 23, 2012 and recorded on April 5, 2012 in Volume 505 at Page 542 of the Ansonia Land Records, 15, The following liens or encumbrances claim to have an interest in the Property which liens or encumbrances are subsequent in right to the Mortgage herein: a, The Defendant, KEITH THOMAS claims an interest in 501 East Main Street by virtue of a Mortgage in the original principal sum of $172,000.00 dated April 7, 2014 and recorded April 8, 2014 in Volume 524 in Page 34 of the Ansonia Land Records. 16, The Defendant, Washington Management, is the owner of the equity of redemption in 65 Main Street and, upon information and belief, is in possession of the Property. 17, Plaintiff claims possession of all collateral and property as secured and defined by the Mortgage, including but not limited to the Property located at 65 Main Street, and all fixtures with respect to said Property. 18, The Plaintiff has caused a Lis Pendens to be recorded against 65 Main Street on the Land Records of the Town of Ansonia. COUNT THRI SUIT ON NOTE 1, The Plaintiff, Shaw Growth Ventures, Inc. has an office and place of business with an address of 301 N. Broadway, Suite 200, Jericho, NY 11753 2. The Defendant, Washington Management, LLC a/k/a Washington Management LLC (hereinafter referred to as “Washington Management”), is a Connecticut limited liability 10 HUNT LEIBERT JACOBSON, PC. « ATTORNEYS AT LAW 50WESTON STREET © HARTFORD, CONNECTICUT 06120 ® (260) 808-0606. JURIS NO. 101589company registered with the Connecticut Secretary of State, with a mailing address of 66 Washington Road, Hamden, CT 06518. . At all times complained of herein, the Defendant, Washington Management, owned real property situated in the Town of Ansonia, County of New Haven and State of Connecticut known as 65 Main Street, Ansonia, CT 06401 (hereinafter referred to as “65 Main Street”) and 501 East Main Street, Ansonia, CT 06401 (hereinafter referred to as “501 East Main Street”) being more particularly described in Schedule A and B, attached hereto and made a part hereof. On or about January 3, 2013, the Defendant, Washington Management, executed and delivered to Entertainment Financial, LLC, a Note (the “Note”) for a loan in the original principal amount of $2,000,000.00. A true and accurate copy of the Note is attached hereto as Exhibit A. On said date to secure said Note, Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “501 East Main Mortgage”) on 501 East Main Street. Said Mortgage was dated January 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 173 of the Ansonia Land Records. A true and accurate copy of the 501 East Main Mortgage is attached hereto as Exhibit B. . On said date to secure said Note Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “65 Main Mortgage”) on 65 Main Street. Said Mortgage was dated January i HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW SOWESTON STREET HARTFORD, CONNECTICUT 06120» (960) 900-0606 © JURIS NO, 101560,10. i 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 197 of the Ansonia Land Records. A true and accurate copy of the 65 Main Mortgage is attached hereto as Exhibit L Said Loan was thereafter modified by virtue of a Modification Agreement effective December 31, 2013 and recorded January 15, 2014 in Volume 522 at Page 411 of the Ansonia Land Records. A true and accurate copy of the Modification Agreement is attached hereto as Exhibit E. ‘The Plaintiff is the owner and holder of the Note, Mortgage, and all the related Loan Documents, Said Note is in default and the Plaintiff, Shaw Growth Ventures, Inc., as the holder of said Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing said Note Although not required under the Note and Mortgage, the Plaintiff has provided written notice to Washington Management, of the default under the Note and Mortgage. 1 e Defendant has failed and neglected to cure the default and the Plaintiff has accelerated the balance due on said Note to declare said Note to be due in full and to foreclose the Mortgage securing said Note. A copy of the demand letter is attached hereto as Exhibit H. Plaintiff claims monetary damages against the Defendant, Washington Management, LLC for its default under the Note. 12 HUNT LEIBERT JACOBSON, PC, # ATTORNEYS AT.LAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 © (860) 808-0806 » JUAIS NO. 101589COUNT FOUR: SUIT ON GUARANTY 1 ‘The Plaintiff, Shaw Growth Ventures, Ine. has an office and place of business with an address of 301 N. Broadway, Suite 200, Jericho, NY 11753. ‘The Defendant, Moustapha Diakhate, is an individual and Connecticut resident with an address of 201 Commons Park South, Unit 1702, Stamford, CT 06902. At all times complained of herein, Washington Management, owned real property situated in the Town of Ansonia, County of New Haven and State of Connecticut known as 65 Main Street, Ansonia, CT 06401 (hereinafter referred to as “65 Main Street”) and 501 Bast Main Street, Ansonia, CT 06401 (hereinafter referred to as “S01 East Main”), being more particularly described in Schedule A and B, attached hereto and made a part hereof. On or about January 3, 2013, Washington Management, executed and delivered to Entertainment Financial, LLC, a Note (the “Note”) for a loan in the original prineipal amount of $2,000,000.00, A true and accurate copy of the Note is attached hereto as Exhibit A. On said date to secure said Note, Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “501 East Main Mortgage”) on 501 East Main Street. Said Mortgage was dated January 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 173 of the ‘Ansonia Land Records. A true and accurate copy of the 501 East Main Mortgage is attached hereto as Exhibit B. 13 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 « (G60) 408.0808 ® JURIG NO. 101580,6. 9. On said date to secure said Note Washington Management, did execute and deliver to Entertainment Financial, LLC, an Open-End Mortgage Deed and Security Agreement (hereinafter “65 Main Mortgage”) on 65 Main Street. Said Mortgage was dated January 3, 2013 and recoded January 7, 2013 in Volume 512 at Page 197 of the Ansonia Land Records. A true and accurate copy of the 65 Main Mortgage is attached hereto as Exhibit 1 On of about January 3, 2013, to secure said Note, the Defendant, Moustapha Diakhate, did execute and deliver to Washington Management a Commercial Guaranty dated January 3, 2013, A true and accurate copy of the Guaranty is attached hereto as Exhibit D, Pursuant to the terms of the Guaranty, the Defendant, Moustapha Diakhate, did unconditionally and absolutely guaranty the prompt payment and performance due under the Note. Said Loan was thereafter modified by virtue of a Modification Agreement effective December 31, 2013 and recorded January 15, 2014 in Volume 522 at Page 411 of the Ansonia Land Records. A true and accurate copy of the Modification Agreement is attached hereto as Ex1 it E. Pursuant fo the terms of the Guaranty, specifically paragraph 1, “The Guarantor also consents to any change in the terms and conditions of the Loan Documents, including but not limited to any change in the collateral provided in the Loan Documents or any change with respect to the parties who may be liable with respect to the Loan Documents, all without notice to or further assent by the Guarantor, the Guarantor to remain bound upon 4 HUNT LEIBERT JACOBSON, PC. » ATTORNEYS AT LAW 50 WESTON STREET ® HARTFORD, CONNECTICUT 08120 © (860) 808.0606 « JURIS NO. 101589Ww 12, 1B this Guaranty, notwithstanding any such change or extension or release, substitution or exchange or other indulgence granted any maker of said Note.” The Plaintiff is the owner and holder of the Note, Mortgage, and all the related Loan Documents. Said Note is in default and the Plaintiff, Shaw Growth Ventures, Ine., as the holder of said Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing Note, Although not required under the Note and Mortgage, the Plaintiff has provided written notice to Washington Management, of the default under the Note and Mortgage. The Defendant has failed and neglected to cure the default and the PI hhas accelerated the balance due on said Note to declare said Note to be due in full and to forectose the Mortgage securing said Note. A copy of the demand letter is attached hereto as Exhibit ‘i. The Plaintiff claims monetary damages against the Defendant, Moustapha Diakhate, for his default under the Guaranty. RESPECTFULLY SUBMITTED THE PLAINTIFF, By eee Lindsey Goergen, Esq. Hunt Leibert Jacobson, P. 50 Weston Street Hartford, CT 06120 Phone: (860) 241-1674 Email: |gocrgen@huntleibert.com 15 HUNT LEIBERT JACOBSON, RC, » ATTORNEYS ATLAW SOWESTON STREET ® HARTFORD, CONNECTICUT 06120 » (G60) £08-0600 « JURIS NO. 101589CLAIMS FOR RELIEF WHEREFORE, the Plaintiff claims: ‘ount One: Foreclosure (501 East Main Street, Ansonia) 1, Foreclosure of the Mortgage; 2. Possession of the Property; 3. For losure and/or possession of all real property, items, goods, fixtures, personal property, and other tangibles more fully identified in the Mortgage; 4, Appointment of a receiver of rents; 5. A reasonable attomey’s fee (unless same has been precluded by virtue of a bankruptcy filing); 6. Interest (unless same has been precluded by virtue of a Bankruptey filing); 7. Costs of suit (unless same has been precluded by virtue of a Bankruptey filing); 8. Deficiency Judgment against the makers of, or obligors on, the Note herein, and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing); and 9, Such other and further relief as the court deems just and equitable. Count ‘Two: Foreclosure (65 Main Street, Ansonia) 1. Foreclosure of the Mortgage; 2. Possession of the Property; 3. Foreclosure and/or possession of all real property, items, goods, fixtures, personal property, and other tangibles more fully identified in the Mortgage; 16 HUNT LEIBERT JACOBSON, RC. # ATTORNEYS ATLAW SOWESTON STREET © HARTFORD, CONNECTICUT 06120 ® (260) 208-0608 JURIS NO. 1015604, Appointment of a receiver of rents; 5. A reasonable attomey's fee (unless same has been precluded by virtue of a bankruptey filing); 6. Interest (unless same has been precluded by virtue of a Bankruptey filing); 7. Costs of suit (unless same has been precluded by virtue of a Bankruptey filing); 8. Deficiency Judgment against the makers of, or obligors on, the Note herein, and/or their Estate, if deceased (unless same has been precluded by virtue of a Bankruptey filing); and Count Three: Suit on the Note 1. Money damages against the makers of, or obligors on, the Guaranty described herein and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptey filing); 2. Interest; 3. All rights of execution, including charging orders; 4, Attorneys’ fees and costs; 5. Costs; 6. Such other and further relief as the court deems just and equitable. Count Four: on the Guaran 1, Money damages against the makers of, or obligors on the Guaranty described herein and/or their Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing); 2. Interest; 7 HUNT LEIBERT JACOBSON, PC, # ATTORNEYS ATLAW SOWESTON STREET ® HARTFORD, CONNECTICUT 05120 © (260) 806-0508 © JURIS NO. 101580Ce . All rights of execution, including charging orders Attorneys’ fees and costs; 3 and . Such other and further relief as the Court deems just and equitable. pone oF Gouigen, Exe, Hunt Leibert Jacobson; P-€. 50 Weston Street, Hartford, CT 06120 Phone: (860) 241-1674 Email: Jgoergen@huntleibert.com ‘THE PLAINTIFF, 18 HUNT LEIBERT JACOBSON, RC. # ATTORNEYS ATLAW SOWESTON STAEET ® HARTFORD, CONNECTICUT 06120 (860) 808-0008 © JURISNO. 101599DOCKET NO.: AAN-CV-15-6018372 SUPERIOR COURT SHAW GROWTH VENTURES, INC. : J.D. of ANSONIA-MILFORD Vv. AT MILFORD, WASHINGTON MANAGEMENT, LLC, ET AL: JUNE 10, 2015 STATEMENT OF AMOUNT IN DEMAND, ‘The amount, legal interest, or property in demand is not less than $15,000.00, exclusive of interest and costs. THE PLAINTIPE, on hata. Lindsey Goergen, Esq/7 Hunt Leibert Jacobson, P.C. 50 Weston Street, Hartford, CT 06120 Phone: (860) 241-1674 Email: Igoergen@huntleibert.com 19 HUNT LEIBERT JACOBSON, RC. © ATTORNEYS ATLAW SOWESTON STREET ® HARTFORD, CONNECTICUT 08120 (080) 808-0608 © JURISNO. 101689CERTIFICATION This is to certify that a copy of the foregoing Amended Complaint has been mailed, postage prepaid, by U.S. Mail, of even date herewith to the following appearing and non- appearing parties Washington Management, LLC 66 Washington Road Hamden, CT 06518 Moustapha Diakhate 201 Commons Park $ Unit 1702 Stamford, CT 06902 Yellow House Capital, LLC 4133 Whitney Avenue New Haven, CT 06518 Keith Thomas 1104 Garry Lynne Drive Colleyville, TX 76034 Solid Partnerships REI, LLC c/o Secretary 701 N Green Valley Parkway Suite 200 Henderson, NV 89074 20 HUNT LEIBERT JACOBSON, PC. ATTORNEYS AT LAW SOWESTON STREET @ HARTFORD, CONNECTICUT 06120 (060) 809-0600 JURIS NO. 101809soma SCHEDULE A 501 Ea Main Stat ANSONA Comuton Ene Moh oe: ‘Shusted enol ie ofan Seta nth yt lof Eat Man Sen hg shown oddest 98 ‘Aiea Oe Na cvs olan ood hap Pope x FarelComacict Ga: Ere sa, {Coneca Sete = 40 ot Jay 6 1980 aot na, Co ZEB, eh nag or pn rf rh De, Mes he Aros Town Gute Cin resenc whe rey dew ba bean” WORTH: Bylaw emery of lye Arena bie» an fo tip how on sadmap a "Ay ‘4a fe EAST: By Ear Mol Stet 22005 SOUTH: Byland naw oc rmany of Chy ot aks, Show sep B65 oe WEST: By nd a mesh hyo hn at oun ons Wap, Ye sont ‘AGAR Byndoor Bo ow oe mp, 29.18 fe, west GAN: yarrow ooo flo Arr 28 shown on eine, 60.25 fc sount ‘AGAR ——_ylndvewer ferme of Cy Ancona town ot Eid me, 16.09 fn and AGAR By aedvow xfer of Cy Ann by rd somo dap an Psevay a Fare, Sow tnt tuo endow Son se ‘hom oo al map, pat by x, Fa 8 ee Tegatere at etme atin enn cnn a shown ot apm" Paya Fae, “1 Pacer Fue. 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Taxes onthe List of October 1, 2011 in fever ofthe TowniCity of Ansonia, Connacteu, pai through June 30, 2013. 2 Thawte Showa on the Iie policy delved to Lender as part of he fan Iansaction, HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW SOWESTON STREET © HARTFORD, CONNECTICUT 06120 © (B82) 808.0808 © JURISNO, 101589ont SCHEDULE B (MAN STREET ANGONH Comet ‘FRST PARCEL Bs Man Set ‘tuned nth acti’ ed ease of Man Se ard ot and es of ay Bs, Seow a eas aero ona cnian ng wf ed Nop Peper Ceca ones Ent iri, arco sca Teh = at may 1 fo ao SSO, ESP a ete tani cn os hey ou NORTHEAST: 8 Cro Rssla Fico, 8 sown onsale 8500; NORTHWEST 8 hy of sani Fou, oo adm, fe yortyeast ROBT” oy Ena Sho 8.10 SOUT Bland ow eet of Googe Lob ln haw on ag Ay, 9029 WEST: By land now omaty of Geog Lb on an ape "Paa 1 Fa rd ‘flan now amar Fe Part Sor, py ech ak 08 et fa ‘tng fact nando 1 ex ea lng asoden a Peet Ph ‘SOUT AGANE: st tndeow corm of Fak Porat & See, 3 Rov on sap £4.04 Man Sra 56426 ee Teper oman seta sioner ta Oped Pot wagon om ei ‘ronting vals poner oe est ine ot in at ae Encumbrances AS TO: 85 Main Stroes, Ansonia, CT 06401: 1. Taxes on the List of October 1, 2011 in favor of he Town/City of Ansonia, Connecticut, paid through June 20, 2013 2. Those ters shown on the to policy detivered to Lender as part of the foan transaction, HUNT LEIBERT JACOBSON, PC, ATTORNEYS AT LAW SOWESTON STREET « HARTFORD, CONNECTICUT 06120 (260) 408.0608 "® JURIS NO. 101589EXHIBIT ACOMMERCIAL PROMISSORY NOTE $2,000,000.00 Vernon, Connecticut January 3, 2013 AFTER DATE, FOR VALUE RECEIVED, the undersigned, WASHINGTON MANAGEMENT, LLC a Connecticut limited liability company having its principal place of business at 66 Washington Street, Hamden, CT 08518 (hereinafter referred to as "Borrower"), promises to pay to the order of ENTERTAINMENT FINANCIAL, LLC a Connecticut limited liability company at its principal place of business at 75 Gerber Road East, South Windsor, Connecticut (hereinafter referred to as "Lender"),or at such other place as the holder may designate in writing, the principal sum of TWO MILLION AND. 00/100 DOLLARS ($2,000,000.00), with interest on said unpaid balance as hereinafter set forth, together with all taxes assessed upon this note and together with all costs and attomeys' fees incurred in any action brought to collect this note or to protect, maintain or foreclose the security interest or mortgage securing the same or upon any litigation or controversy affecting this note or the security given therefor, including, without limitation, proceedings under the Federal Bankruptcy Code. PAYMENTS. A. Commencing on March 1, 2013 and continuing on the 1" day of each month thereafter through and including the payment due on October 1, 2013, Borrower shall make monthly interest only payments in the amount of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00). B. __If not sooner paid, the entire balance due, principal, accrued interest and otherwise, shall be due and payable in full on November 1, 2013 (the "Maturity Date"), Itis understood and agreed by Borrower that if sufficient prepayments of principal have not been made, a balloon payment will be due on the Maturity Date. C. — Allpayments received will be credited first to late charges and costs hereunder, then to interest accrued at the applicable interest rate hereinafter set forth, with the balance on account of principal. INTEREST. A. _ The rate of interest of this note, which shall remain effective in the absence of an event of default, shall be fixed at twelve percent (12.00%), per annum. B. —_Atno time shall the interest rate ever exceed the maximum rate permitted by the usury statutes applicable to this transaction, if any. If, by application of the above interest rate formula, the interest rate would exceed and violate any such usury statutes, interest shall accrue at the maximum rate permitted by law. DEFAULTS OR EVENTS OF DEFAULT. If any of the following events occur (which is an “event of default”), Lender may deciare the Entire Note Balance, together with any other amounts that Borrower owes to Lender, to be immediately due and payable: A. Borrower fails to pay any installment of principal and/or interest or any other 1charges due under this Note within ten (10) days after the same becomes due and payable; B. Borrower defaults in any other obligations, liabilities or indebtedness with Lender (whether now existing or hereafter arising); C. Borrower, sells, leases or otherwise disposes of all or substantially all of his property, assets or business, or if Borrower ceases any of its business operations or commences reorganization; D. Borrower makes or takes any action to make a general assignment for the benefit of its creditors or becomes insolvent or has a receiver, custodian, trustee in Bankruptcy or conservator appointed for it or for substantially all or any of its assets; E, Borrower files or becomes the subject of a petition in Bankruptcy or upon the commencement of any proceeding or action under any Bankruptcy laws, insolvency laws, relief of debtors laws or any of other similar law affecting Borrower, provided, however, that Borrower shall have sixty (60) days from the filing of any involuntary petition in Bankruptcy to have the same discharged and dismissed; F. Upon the failure by Borrower to observe or perform, or upon any default in, any covenants, agreements or provisions in any other instrument, document or agreement, executed and/or delivered in connection herewith or therewith; G. Any representation or statement made herein or any other representation or statement made or furnished to Lender by Borrower was materially incorrect or misleading at the time it was made or furnished; H. In the event of any material adverse change in the financial condition of Borrower; or |. Inthe event of Borrower's merger or dissolution or the death of any guarantor of this Note. DEFAULT RATE. _ interest will continue to accrue after default and after judgment until the note is paid in full at the rate of three percent (3%) per annum above the then existing interest rate in effect under this note. PREPAYMENT. Borrower may prepay all or any part of the unpaid principal balance of this Note at anytime, Prepayments shall not incur any penalty. LATE CHARGE. Itis further agreed that the holder hereof may collect a late charge equal to five percent (5%) of payment required hereunder, including the final payment, or required under any security agreement, mortgage or any other instrument, document or agreement executed and/or delivered in connection herewith which is not paid within ten (10) days of the due date thereof. This late charge is to cover the extra expenses involved in handling delinquent payments and is not to be construed to cover other costs andattorneys’ fees incurred in any action to collect this note or to foreclose the mortgage securing the same. This provision shall not affect or limit the holder's rights or remedies with respect to any default. LIEN/SET OFF. Borrower hereby gives the holder hereof a lien and right of set off for all of Borrower's liabilities upon and against all deposits, credits and other property of Borrower now or hereafter in the possession or control of the holder hereof, or in transit to it, excepting, however, funds held in trust by Borrower. Upon any default hereunder, Lender or any holder hereof may, at any time, without first resort to any other collateral or security, apply all or part of said deposits, credits and/or property to any liability of Borrower, whether or not matured at the time of such application. WAIVER OF RIGHTSIDELAY. BORROWER (AND EACH AND EVERY ENDORSER, GUARANTOR, AND SURETY OF THIS NOTE) ACKNOWLEDGES THAT THE LOAN EVIDENCED BY THIS NOTE IS A COMMERCIAL TRANSACTION, AND HEREBY VOLUNTARILY AND KNOWINGLY WAIVES THE RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, OR ANY SUCCESSOR STATUTE OF SIMILAR IMPORT, WITH RESPECT TO ANY PREJUDGMENT REMEDY AS DEFINED THEREIN, and further waives d demand, presentment for payment, notice of nonpayment, protest and notice of protest and notice of any renewals or extensions of this note, and all rights under any statute of limitations, and agrees that the time for payment of this note may be changed and extended as provided in said mortgage or any security agreement, without impairing Borrower's liability thereon, and further consents to the release of all or any part of the security for the payment hereof, or the release of any party liable for this obligation without affecting the liability of the other parties hereto. Any delay on the part of the holder hereof in exercising any right hereunder shall not operate as a waiver of any such right, and any waiver granted for one occasion shall not operate as a waiver in the event of any subsequent default. JURY TRIAL WAIVER. In the interest of a speedy resolution of a lawsuit which may arise hereunder. Borrower and each accommodation maker and endorser under this Note waive a trial by jury in any action with respect to this Note and as to any issues arising relating to this Note. LAWS. This note shall be governed by and construed in accordance with the laws of the State of Connecticut. JOINT AND SEVERAL. Should this note be signed by more than one Borrower, references in this note to Borrower in the singular shall include the plural and all obligations herein contained shall be joint and several of each signer hereof. RIGHTS CUMULATIVE. The rights and remedies of the holder hereof shall be cumulative and not in the alternative, and shall include all rights and remedies granted herein, in any document referred to herein or executed and/or delivered in connection herewith, and under all applicable laws, and the exercise of any one or more of them will not be a waiver of any other.By SUCCESSORS AND ASSIGNS. The provisions of this note are binding on the respective heirs, successors, administrators, assigns and of Borrower, and shall inure to the benefit of the holder hereof, its successors and assigns. SEVERABILITY. If any term, clause or provision hereof shall be adjudged to be invalid or unenforceable in any way, the validity and enforceability of the remainder shall not be affected thereby and each such term, clause or provision shall be valid and enforceable to the fullest extent permitted by law. WASHINGTON MANAGEMENT, LLC Wie 4 By: Moustapha Diakhate, Its Member This note is secured by a first priority mortgage deed on those certain pieces or parcels of real property more commonly known as 65 Main Street and 501 East Main Street, both of Ansonia, CT 06401 and a second priority mortgage deed on that certain piece or parcel of real property more commonly known as 34 Level Street, New Haven, CT 06516 all of which being more specifically described in said mortgages.ALLONGE TO PROMISSORY NOTE This Allonge to Promissory Note is to be affixed to and made a part of that certain Promissory Note dated January 3, 2013, in the stated principal amount of $2,000,000.00 executed by WASHINGTON MANAGEMENT, LLC, a Connecticut limited liability company and made to the order of RCN CAPITAL, LLC, successor by name change to Entertainment Financial, LLC, a Connecticut limited liability company (“Assignor”). Pay to the order of EF PORTFOLIO PROPERTIES, LLC, a Connecticut limited liability company (“Assignee”), without recourse or warranty. Dated as of February 2 , 2015 RCN CAPITAL, LLC STATE OF CONNECTICUT ) Jee South Windsor February _/? , 2015 COUNTY OF HARTFORD) Personally appeared, Jeffrey Tesch, Managing Director of RCN CAPITAL, LLC (the “Company”), Signer and Sealer of the foregoing Instrument, and acknowledged the same to be his free act and deed and the free act and deed of the Company, before me, the undersigned officer. gf la Erg ds NOTARY PUBLIC PAULA A. HOLLISTER ROTAaY PO iS Gteemiscion Expires Sanuary 24,2047 ‘Aas 271834791 Lor02013 3:20 PM 50519002ALLONGE TO PROMISSORY NOTE ‘This Allonge to Promissory Note is to be affixed to and made a part of that certain Promissory Note dated January 3, 2013, in the stated principal amount of $2,000,000.00 executed by WASHINGTON MANAGEMENT, LLG, 2 Connecticut limited liability company and made to the order of EF PORTFOLIO PROPERTIES, LLC, a Connecticut limited liability company | (“Assignor’), Pay to the order of SHAW GROWTH VENTURES INC., a New York corporation (“Assignee”), without recourse or warranty. Dated as of March !3_, 2015 EF PORTFOLIO PROPERTIES, LLC STATE OF CONNECTICUT ) J ss. South Windsor March /3, 2015 COUNTY OF HARTFORD) Personally appeared, Jeffrey Tesch, Authorized Signatory of EF PORTFOLIO PROPERTIES, LLC (the “Company”), Signet and Sealer of the fotegoing Instrument, and acknowledged the same to be his free act and deed and the free act and deed of the Company, before me, the undersigned officer. , Ab he oliiie’ NOTARY PUBLIC PAULA A. HOLLISTER Notazy Puauie State of Connecticut My Commission Expires January 34, 2017 ‘AIM 27183471 1ort02013 3:20 PM. 3s1909%2EXHIBIT BMuenmn nm ese #512 173-190 ay 14 205 ‘After Recording Return Kahan, Kerensky & Capossela, LP ‘tin: Alene LeRoy 45 Hartford Tummpe Vernon, CT 06086 g ‘OPEN-END MORTGAGE DEED AND SECURITY AGREEMENT KNOW ALL MEN BY THESE PRESENTS that WASHINGTON MANAGEMENT, LLC a Connecticut lited Tlablty company having Is principal place of business at 68 Washington Street, Hamden, CT 06518 (hereinafter referred to as "Grantor, for the consideration of ONE DOLLAR ($1.00) and other good. and valuable consideration, received fo is full satisfaction from ENTERTAINMENT FINANCIAL, LLC, a Connecticut limited Rablily company having is principal place of business al 75 Gerber Road Eas, South Windsor, CT (hereinafter referred to as the "Granloe"), does hereby give, grant bargain, sell and confirm unto the said Grantee, ils successors and assigns, all those certain pleces or parcels of land with the bulgings and improvements now ot hereafter placed thereon, situated In Ansonia, Connecticut, and more particularly bounded ano Seserbed on SCHEDULE A, attached hereto and made a part hereof and more commonly known as. 501 East Main Stroot, Ansonia, CT 08401 (hereinafter referred to a5 the "Premises"; ‘Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging of in anywise appertaining, and the reversion or reversions, remainder, and remainders, rents, issues and profs thereof, Together with all ight, tile and interest ofthe Grantor, if any, in and tothe land Iying in the bed of any street, road or avenue, opened or proposed, in front of or adoring the ‘above described Premises; Together with all buildings. and:improvements (and all materials.thereof) now of hereafter placed on the Premises, together wih all easements (on and off sit), together vith all furnishings, fedutos, appliances, machinery, equipment and any other articles of personal propery, now oF hereatier installed, consiructed, owned of acquired by the Grantor andiar used of intended to be used in connection with the construction, operation, use oF occupancy of the Premises of any part thereof, and all the appurtenances thereto, ‘thereon or therein and together with all proceeds, products, replacements, additions, ‘Substitutions, renewals and accessions of and to any of the property describad herein; ‘Together with any and all awards or payments, including intrest thereon, and the Fight to recoive the same, which may be made wih respect fo the Promises as a rosull of {@) the execcise ofthe right of eminent domain, (b) the alteration ofthe grade of any street, OF (@) any other injury 10 or decrease In value of the Premises, to the extent ofall amounts ‘which may be secured by this mortgage atthe date of racelpt of any such award or payment 1 the Grantee, and of the reasonable counsel fees, costs and disbursements incurred by the Grantee, in connection with the collection of such award of payment; the Grantor agrees to execute and deliver, from time fo fime, such further instruments as may be requested by Volume: 512 Page 173 Seq:the Grantee to confiem such assignment othe Grantee of any such award or payment To have and to hold the above: granted and bargained Premises, with the ‘appurtenances thereof, unto it, the said Grantee, its successors and assigns forever, to it ‘and their own proper use and behoof. And also, the said Grantor does for sel ts ‘suocessors and assigns, covenant with the said Grantee, its successors and assigns, that ‘al and untl the ensealing of these presonts, they ae well seized ofthe Promises as @ good indefeasble estate in FEE SIMPLE; and have good right to bargain and sell the eame in ‘manner and fom as is above writen; and that the came is free and clear of all ‘encumbrances whatsoever, except as set forth on SCHEDULE B attached hereto. ‘And furthermore, the Grantor does by these presents bind elf and its successors ‘and assigns forever, to warrant and defend the above granted and bargained Premises to the Grantee, fs successors and assigns, against all claims and demands whatsoever, ‘except as set forth in sald SCHEDULE B. ‘THE CONDITION OF THIS DEED IS SUCH THAT: WHEREAS, Grantor (hereinafter sometimes refered fo as “Borrower has executed land delivered tothe Grantee a cerlain Commercial Promissory Note, of even date herewith, {evidencing a lean from the Grantee fo the Borrower in the original principal amount of upto ‘TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) (hereinafter referred to as the "Note", a copy of which Note is set forth as SCHEDULE C, attached hereto and made @ part hereot; WHEREAS, the terms of repayment of such obligations of the Borrowers are set forth inthe Note; WHEREAS, the matuily date forthe repayment of such obligations is November 1, 2013; WHEREAS, to secure payment and performance of the indebtedness and ‘obligations represented by the Note the Grantor is hereby executing this morgage in favor fof the Grantee; WHEREAS, on November 1, 2013, if not sooner pald, the Grantor agrees to pay the outstanding balance under the Noie in ful, plus any accrued interest and other charges ‘which remain outstanding; NOW, THEREFORE, THE GRANTOR AND GRANTEE AGREE: 1. DEFINITIONS. Wherever used in this mortgage, unless the context clearly Indicates a. contrary Intent or unless otherwise speciicaly provided herein, the word Grantor’ shall mean "Grantor andlor any subsequent ower or owners of the Premises the word "Grantee" shall mean "Grantoo, Its successors or assigns, oF any subsequent holder oF holders of this mortgage,” the word "Note" shall mean "Note secured by this morigage,” the word "person" shall mean "an individual, corporation, partnership, limited Volume: 512 Page: 173 Seq:2labilty company or unincorporated association," and the word “Premises” shall include the teal estate desctbed in SCHEDULE A attached herelo and made a part hereof, gether ‘with all buildings, improvements, equipment, condemnation awards and any other rights oF property interest at anytime made subject fo the len ofthis mortgage by the terms hereof, ‘and pronouns of any gender shall include the other gender, and either the singular or plural shal include the other. 2 CAPTIONS. The captions at the head of each paragraph of this mortgage ‘are for convenience only and shall nat be used to interpret, modly, or affect In any way the ‘covenants and agreements herein contained. 3, COMPETENCE TO EXECUTE LOAN DOCUMENTS. The Grantor has full power and authorly, and is legally competent, fo execute and deliver the Note, this mortgage, all other mortgage Instruments, security agreements, and all other agreements ‘and documents required of the Grantor, tothe Grantee, and the execution and delivery of the same isnot in Violation of any agreement of understanding the Grantor may have with any person or persons. 4, LEGAL TENDER AND JOINT AND SEVERAL LIABILITY. The Grantor shall pay the indebledness secured herein and the interest thereon in lawful money of the United States at the times and in the manner set forth in the Note and if the Grantor consists of more than one person, each such Grantor shall be jointly and severally lable for the performance of all covenants and agreements herein contained, 5, INSURANCE. ‘The Grantor shall keep all buildings erected on of to be erected on the Premises insured against loss by fre and such other hazards as the Grantee ‘may requike and the Grantor shal obiain and maintain insurance with respect to other insurable risks and coverage relating to the Propeity, including without “imitation Comprehensive goneral public liailly insurance and loss ‘of income (rent insurance or business intrruption), all euch Insurance to be ln euch sume and upon such terms and coneitions as the Grantee reasonably may require, with loss proceeds by the terms of such policies made payable to the Grantee as its inferest may appear. All such policies shall provide for @ minimum of tity (30) days prior writen cancellation notice to the Grantee. ‘The Grantee, upon its request tothe Grantor, shall have the custody ofall such policies and all other polities which may be procured insuring said Premises, the came to be delved, land premiums paid, fo the Grantee at is offce and all renewal polices to be delvered, premiums paid at least fe (5) days before the expiration of the olf polices; and the Grantor agrees that upon fale to maintain the insurance as above stipulated or to deliver sald renewal policies as aforesaid, or to pay the premiums therefor, Grantee may, without ‘obligation fo do so, procure such insurance and pay the premiums therefor and all ums so expended shall immediately be paid by the Grantor and unless so paid, shall be deemed Part ofthe debt secured hereby and shall bear interest atthe rate set forth inthe Note, and thereupon the entire principal sum unpaid, including such sums as have been paid for premiums of insurance as aforesaid, and any and all other sums which shall be payable hereunder shall become due and payable forthwith atthe option of the Grantee, anything hein contained to the contrary notwithstanding. In case of loss and payment by any Insurance company, the amount of insurance money received shal be applied either to the Volume: 512 Page: 173 Seq: 3Pace tot tb indebtedness secured hereby, or in rebuilding and restoring the damaged property, 2s the Grantee may elec. The Grantor shal claim no cancelation or retum any polley or premiim ‘except from and ater the redemption ofthis mortgage by the Grantor. Upon the Grantee's request after fallue ‘by the Grantor to maintain. the aforementioned insurance, the Grantor shall pay to the Grantee, on the first day of the ‘month after such request and on the fst day of each month thereafler until the Note-has been paid in ful, one twelfth (1/12) of the yearly hazard insurance premiums, as estimated by the Grantee from time fo time. Such sums wil not bear interest and are subject to adjustment or additional payments In order to assure the Grantee that wil fave the full amount of any payment on hand atleast one (1) month prior tots due date. The Grantee shall hold such eum in trust fo pay sald Insurance premiums in the manner and to the extent Permited by iaw when the same become due and payable each year. If the total payments. made by the Grantor to the Grantee, on account of said insurance premiums up tothe time when the same become due and payable, shall exceed the amount of payment for sald insurance premiums actually made by the Grantee, excess shall be credited by the Grantee fon the next subsequent payment or payments to become due from the Grantor to the Grantee on account of said insurance premiums. If, however, said payments shall not be sufficient to pay said insurance premiums when the same become due and payable, then the Grantor agtees to promplly pay to the Grantee the amount neoassary to make Up the ‘eficienoy upon demand by the Grantee. In case of default Inthe performance of any ofthe ‘agreements oF provisions contained in the Nole-or this morigage or upon any event of default therein, the Graniae may, at its option, at. any time after such default apply the balance remaining ofthe sums accumulated, as a credit against the principal or the inlerest ofthe mortgage indebtedness, or both. 6. _ DEMOLITION AND ALTERATION. The Grantor agrees that no building or ther property now or heresfier covered. by the lien of this mortgage shall be removed, demolished, of materlly altered, without the prior writen consent ofthe Grantee, except that the Grantor shal have the right, without stich consent, to remove and dispose of, free from the lion of this mortgage, such equipment as ffor tine to time may become worn out (oF obsolete, provided that simullaneouely with of prior to euch removal any such equipment shall be replaced with other equipment of value at least equal to that of the replaced ‘equipment and free.from any tile retention or securty agreement or other encumbrance, ‘and by such removal and replacement the Grantor shall be deemed to have subjected such equipment tothe fen ofthis mortgage. 7. EXPENSES. The Grantor will pay when due and payable all reasonable ‘appraisal fees, recording fees, taxes, brokerage fees and commissions, abstract fees, tle policy fees, escrow fees, atiomeys’ fees, court costs, and all other reasonable costs and ‘Sxpenses of every character which have been incurred or which may hereafter be incutred by the Grantee in connection with (a) the preparation and execution of loan documents; () in the event an Event of Default occurs, preparation for enforcement of his mortgage of any of ts other loan documents, whether or not sult or other actin is actually commenced or undertaken; (c) enforcement ofthis mortgage or any other loan documents; (d) court o ‘administrative proceedings of any kind to which the Grantee may be a party, elther ae Plaintt or defendant, by reason ef this mortgage or any ther instrument securing the Volume: 512 Page: 173 Seq:4‘obligations: (€) preparation for and actions taken in connection with the Grantee's taking possession of he Premises; (7) negotiations with the Borrower, the Grantor or any of thelr fespective agents In connection with the existence or cure of any Event of Default (6) any proposed refinancing by the Grantee or any other person of entity of the debt secured hereby; () the transfer of the Premises in leu of foreclosure; and () the approval by the Grantee of actions taken or proposed tobe taken by the Borrower, the Grantor or any other person or enily which approval is required by the ferms of this mortgage or any other Instrument. The Grantor wil, upon demand by the Grantee, reimburse the Grantee for all Such expenses which have been Incurred or which shall be Incuted by i. 8. TRANSFER; OTHER LIENS AND ENCUMBRANCES. Without the prior “writen consent ofthe Grantee, the Grantor shal not sel lease, mortgage, encumber, ser ny type of change in tite or ownership, or otherwise transfer allot any part of the Premises. The Grantor shal Keep the Premises free from mechanics’ lens, materiakmen's liens and encumbrances which are not described in SCHEDULE B attached hereto. it any prohibited lien or encumbrance is fied against the Premises, the Grantor shall cause the ame fo be removed and discharged of record within thity (30) days afar the dae offing thereof 8. _ STATEMENTS ON ENCUMBRANCE, The Grantor shall obtain, upon request by the Grantee, ftom all persons hereatter having or acquiring any interest in oF encumbrance on the Premises or the said equipment or accessions, a wing duly acknowledged, and stating the nature and extent of euch inlrest or encumbrance and that the same is subordinate to this mortgage and no offsets or defenses exist in favor thereat against this mortgage or the Note hereby secured, and dover such wring tothe Grantee. 10. REPAIRS. The Grantor shall maintain the Premises in good coneition and repair, shall not comnmit or sufler any waste ofthe Premises, and shall comply with or cause to be complied with, all statutes, laws, rules, ordinances and requirements of any governmental authority relating to the Premises: and the Grantor shall promlly rep, Tostore, replace or rebuild any part ofthe Premises now or hereafier subject to the len of ‘this morigage which may be damaged or destroyed by any casualty whatsoever or which may be affected by any proceeding of the character referred to in Paragraph 20. Tho Grantor shall complete and pay for, within a reasonable time, any structure at any time In the process of construction on the Premises; and the Grantor shall nt inate, join in or ‘consent fo any change In any private restricive covenants, 0 private resttons, ining Or defining the uses which may be made of the Promises ‘or any part terect, without the ‘ttn consent ofthe Grantee, 11, INSPECTION, The Grantee, and any persons authorized by the Grantee, shall have the right fo enter and inspect the Premises t all reasonable times, 12, _ RENTAL AND SECURITY. The Grantor shall not collect rent more than thirty (00) days in advance of its due date under-any and al leases for any par ofthe Premises, ‘without the approval of the Grantee herein In writing: and in the event such approval I siven, the Grantor agrees to deposit said rents with the Grantee. Any and all tonant Security depesis in excess of an amount equal to one months rent under any and all leases Volume: 512 Page: 173 Seq: 5for any par ofthe Premises shall be deposited and pledged so that they cannot be used by {he Grantor without the consent of the Grantee, and In the event of foreclosure of this, rrongage, these deposits shall be transferred to the Grantoo Ir tle fs acquled by the Grantee orto the purchaser inthe event of a foreclosure sale 13, _ RIGHT TO CURE. In the event of any default in the performance of any of the Grantor's covenants or agreaments herein, the Grantee may, at ils option, perform the ‘same and the cost of such performance rendered by the Grantee, with interest at the default rate set forth in the Note, shall immediately be due fom the Grantor to the Grantee and secured by this mortgage 14, TAXES. The Grantor shal pay all axes, assessments, sewer rents and other charges and any lens prior fo the lien ofthis mortgage now or hereafer assessed, or liens 1 oF levied against the Premises or any part thereof and any tax or duty thatthe United Slates claims due with respect fo this mortgage or the Note: and in case of default in the payment thereof when the same shall be due and payable, it shal be lawful forthe Grantoe, without note or demand, at is option, to pay the same or any of them; and the monies ald by the Grantee inthe discharge of taxes, assessments, sewer rents and other charges ‘and prior liens shall be a lien on the Premises added to the amount of said Note or obligation and secured by this mortgage, payable on demand with interest at the default tate set forth in the Note, from the fime of payment of the same; and upon request of the Grantee, the Grantor shall extibit to the Grantee receipts for the payment of ll tems ‘spected In this Paragraph prir tothe date when the same shall Become delinquent, In order to secure the performance and discharge ofthe Grantor's obligations under this Paragraph 14, but notin lew of such obligations, and notwithstanding anything stated herein tothe contrary, upon the Grantee's request, after fllure by the Grantor to pay the ‘aforementioned taxes and assessments, the Grantor shall pay 10 the Grantee, on the 1 {day of each month thereafter, untl the Note has been ful pale, a sum equal fo one-twelfth (12) of the yearly taxes assessed against the Premises. Such sums will ot bear interest land are subject to adjustment or addtional payments in order fo assure the Grantee that it ‘wll have the full amount of any payment on hand atleast one (1) month prior to its due date. The Grantee shall hold sald sums in tust to pay sald taxes in the manner and to the fextent permitted by lw when the same become due and payable in each year Notwithstanding anything herein tothe contrary, however, such deposits shall not be, nor be «deemed tobe, trast funds but may be commingled wit the general funds of the Grantoe. If the tolal payments made by the Grantor to the Grantee, on account of sald taxes up to the time when the same become due and payable, shall exceed the amount of payment for sa taxes actualy made by the Grantee, such excess shall be credited by the Grantee on the ‘next subsequent payment of payments to become due ftom Grantor fo the Grantee on account of said taxes, If, however, sald payments shall not be sufficient to pay said faxes \when the same become due and payable, then the Grantor agrees to promptly pay to the Grantee the amount necessary to make up the deficiency upon demand by the Grantee. In ‘case of defauit inthe performance of any ofthe agreements or provisions contained in the Nolo, the Granige may, at ls option, at any time after such defaul, apply the balance remaining of the sums accumulated, as. credit against the principal or intrest of the ‘mortgage indebtedness, or both Volume: 512 Page: 173 Seq: 618. LATE CHARGE. The Grantee may colect @ "late charge” of five percent (8%) on any payment or installment due or required to be paid pursuant tothe terms of ths ‘mortgage or the Note which isnot pai within ten (10) days of when the same is required to be paid fo cover the extra expenses involved in handling such delinquent payment. 16. PARTIAL FORECLOSURE. The Grantee may, at ite option, foreclose this ‘morigage for any potion of the debt, or any other sums secured thereby which are then due ‘and payable, subject to the continuing lien ofthis mortgage forthe balance not then due, Dut nothing contained in tis Paragraph shall impai or affoct any right or remedy which the Grantee might now or hereafter have, were it not for this Paragraph, but the right herein siven shall be in adelton to any others which the Grantee may have hereunder 17. RECEIVER. The Grantee, in any action to foreclose this mortgage, or upon defauit in the observance or performance of any covenant or agreement of the Grantor hereunder, shall be at Worty to apply for the appointment of a reopiver of the rents and proft of the Premises without notice, and shall be entitled to the appointment of such a receiver a2 a matter of right, without consideration ofthe value ofthe Premises as eecurlty {or the amounts due the Grantee, or te solvency of any person or lmited lilly company Table forthe payment of such amounts. 48. RIGHT TO ENTER AND POSSESS. The Grantor agrees that in case of default In any of the payments requled Inthe Note or In case of default in any of the ‘covenants and agreements set forth in said Note or this mortgage, the Grantee Is hereby authorized and empowered, by ts servants, agents or attomeys, to take possession of and enter upon the Premises and to collect and receive the rents and income therefrom, and to apply so much of sad rents and income as may be required in the necessary expenses of running sald Premises, including reasonable attorneys fees, management agents feos, and if the Grantee manages the Premises wilh ts own employees, an amount equal fo the customary management agents' fees charged for similar property in the area where the Premises are located, and to apply the balance of said rents and incame to the payment of the amounts due upon sald Note, orn payment of tates assessed against the Premises, of both. And for tis purpose, and in case of such default, the Grantor hereby assign, transfers and sels over fo the Grantee the rents and income accruing ftom said Premises. Nothing contained in the foregoing provisions shall impair or affect any right or remedy hich the Grantae might now or hereafter have, were it not for such provisions, but the Fights herein given shall be in addition to any olhers which the Grantee may have hereunder. 19. NO WAIVER, ETC. Any failure by the Grantee to insist upon the strict performance by the Granto’ of any ofthe terms and provisions hereof shall nt be deemed fo be a walver of any ofthe terms and provisions hereof. And the Grantee, notwithstanding ‘any such falure, shal have the right thereafter to insist upon the stict performance by the Grantor, of any and allof the terms and provisions ofthis morigage or the Note to be performed by the Grantor. Neither the Grantor nor any other person now or hereafter ‘obligated for the payment ofthe whole or any part of the sums secured by this mortgage shall be rebeved of such obligation by reason ofthe fare of the Grantee to comply with Volume: 512 Page: 173 Seq: 7‘any request to the Grantor or any other person obligated to take action to foreclose ths, ‘morigage or othemise enforce any ofthe provisions of this mortgage or of any obligations Secured by this mortgage, or by reason ofthe reloase, regardless of consideration, of the ‘whole or any part ofthe security held forthe indebtedness secured by this mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of the Premises and the Grantee extending the tme or payment or modiying the terms of the Note otis mortgage without frst having obtained the consent of the Grantor of such other persons. “And in the latter event, the Grantor and all such other persone shall remain fable fo make such payments according to the-terms of any such agreement of extension oF ‘modification unless expressly released and discharged in waiting by the Grantee. And regardless of consiferation, and without the necessiy for any notice to of consent by the holder of any subordinate fen on the Premises, the Grantee may release the obligation of ‘any one at any time lable for any ofthe indebtedness secured by this mortgage or any part ofthe security held for such indebtedness and may extend the tie of payment or otherwise rmodiy the terms of the Note andior this morgage without, as to the security or the Femainder thereof, In any way impaving or affecting the lien of thie morigage, or the priory of such lien, as securly forthe repayment of such indebtedness as It ay be so extended ‘or modified, over any subordinate en; and the holder of any subordinate len shal have no Fight to terminate any lease affecting the Premises, whether or not such lease may be Subordinate to this mortgage; and the Grantee may resort, for the payment of the indebtedness secured hereby, to any other security therefore held by the Grantee in such lfder or manner as the Grantee may elect. 20. . TAKING. Nolwilnstanding any taking by eminent domain, alleration of the grade of any sireet or other injury to or decrease in valuo of the Promises by any public oF uasipubfic authority or corporation, payments shall continue as roquired by the Note and this morigage, until any such award of payment shall have been actually received by the Grantee and any reduction inthe principal sum resutting from the appication by the Grantee ‘of such award or payment as hereinafter set forth shall be deemed lo take effect only on the date of such recelpt Said award or payment may, atthe option of the Grantee, be ratained ‘and applied by the Grantee in part for the purpose of altering, restoring or rebulding any pat ofthe Premises which may have been altered, damaged or destroyed as a result of any ‘such faking, alteration of grade, or other injury to the Premises, or for any other purpose o object satisfactory to the Granites, but the Grantee shall not be obligated to see to the appication of any amount paid over to the Grantor, andi prior tothe receipt by the Grantee of such award or payment, the Premises shall have been sold on foreclosure of ths mortgage, the Grantee shall have the right to reasive sald award of payment tothe extent of ‘any deficiency found to be due upon such sal, with legal interest thereon, whelher or nota dficiency judgment of this morigage shal have been sought or denied, and tothe extent of the reasonable counsel fees, costs and disbursements incurred by the Grantee in ‘connection with the collection of such award or payment, 21. DEFAULT. The whole ofthe principal sur secured hereln and the interest ‘due thereon shall become immediately due and payable without demand or notice at the ‘option of the Grantee: (a) upon default i the payment of any intaliment of principal and/or interest under the Note; (b) upon defaut in the payment of any tax, sewer ren, assessment for len for ten (10) days after the same becomes due and payable: (c) upon default In Volume: 512 Page: 173 Seq: 8age 8 keoping in force the insurance required in this mortgage: (4) upon defaults either in delivering the policies of insurance described In this morigage of in paying the premiums for Such insurance as provided in this mortgage; (e) upon the actual or threatened waste, removal or demotion of or material alteration to, ay part of the Premises secured by this mortgage, except as permitted herein; (f) upon defeulin the observance or performance of any other material covenants, provisions or agreements of the Borrowers in the Note, any security agreement, morigage, collateral assignment of leases and rentals, or ary other instrument, document or agreement executed in connection herewith or authorzing, ‘evidencing, guaranteeing or securing the Note; (g) the vesting of tile to, or the transfer oF any other disposition of any interest in, the Premises, or any part thereof, In or fo anyone ‘other than the present tieholder(s;(h) the merger or dissolution of Grantor or the death of ‘any guarantor of the Note; or () upon the election by the Grantee to accelerate the maturty ‘of said principal sum pursuant tothe provisions ofthe Note or of ary other instrument which may be held by the Graniee as addtional secuty for the Note. In the event that one or mare of the events of dfauit or defaults as provided above ‘shall occur, the remedies available to the Grantee include any and all rights and remedies. avaliable hereunder, and any and all rights and remedies avallable at law or in equity Without imitng the forgoing, the rights and remedies avallable to the Grantee shal include, but not be limited fo, any one or more of the following: (a) the Grantee may deciare the entre unpaid balance of the Note and any oher outstanding obligations owed by the Borrowers fo the Grantee immedialaly due and payable without notice; (b) the Grantee may take immediate possession of the Premises secured by thie mortgage of any part thereof (which the Grantor agrees to surtender fo the Grantee) and manage, control or lease the ame to such person or persons al such rental as I may deern proper: and, with or without taking possession of the Premises, the Grantee may collect all the rents, issues and profis therefrom, including those past due as well as those thereafter occurring, wih the right in the Grantee to cancel any lease, eublease, of tenancy for any cause which would entie the Grantor to cance! the same; to make such expendkures for maintenance, repairs and costs of operations as i may deem advisable; and after deducting the costs therefore to apply the recive to the payment of any sums which are unpaid hereunder or under the Note, The taking of possession andior the collections of rent under this Paragraph shall not prevent ‘concurrent or later proceedings for the fereciosure of the Premises, ‘Any and all remedies avalable fo the Grantee with respect to this mortgage shall be cumulative and may be pursued consecutively or successively. No delay by the Grantee in exercising any such remedies shall operate as a waiver thereof, or preclude ‘thereof during the continuance ofthat or any subsequent default 22. PERFORMANCE OF LEASES. The Grantor shall tall times keep, perform and obsene all of the covenants, agreements, terms provisions, conditions and tmfations ‘of each lease affecting the Premises on thei pat to be kept, and performed thereunder ‘The Grantor and Guarantor shall nol, without the witton consent of the Grantoe, dvocty oF indirectly cancel, terminate or accept any surrender or modify or amend any lease affecting the Premises. Default on the pat ofthe Grantor in any of the terms and provisions of any of the foases on said Promises shall consitule an event of default under the Note and under this mortgage and the whole of said principal sum or so much thereto as shall romain Volume: 512 Page: 173 Soa: 9Lnpald shal immediately become due ain payable atthe option of the Grantee. 23. LEASE COVENANTS, Each and every covenant on the part of the Grantor contained in any assignment of lessor's intrest in leases or any assignment of rents made collateral harat is made an obligation of the Grantor hereunder as if fully set forth herein 24, APPLICATION OF FUNDS TO CURE DEFAULT. Upon default in any of the agreements or provisions of this morigage or the Note, the Granise may apply any sums Credited by or due from the Grantee to the Grantor to cure such default without fist tenforcing any ofthe other rights of the Grantee against the Grantor or he Premises, 25, MARSHALLING, The Grantee shall not be compelled to release, oF be prevented from foreclosing ar enforcing this mortgage upon all or any pat of the Premises hereby mortgaged, unless the entire debt and all ams hereby secured shall be paid in Tawiul money as aforesaid, and chall not be required to accept any part of parts of the Premises, a¢ distinguished ftom the entre whole thereof, as payment of or upon the said {debt Lo the extent ofthe value of such part or parts; and shall not be compelled to accept or low any apportionment ofthe sald debt to or among any separate parts ofthe Premises, 26. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT AND FIXTURE FILING. This mortgage Is intended fo also be a securty agreement and foure fling which isto be fled for recordin the realestate records pursuant fo the Uniform Commercial Code for any of the goods specified above in this morigage as part of the Premises which, under applicable law, may be subject to a security intrest pursuant to the Uniform Commercial Code and Grantor hereby agrees to execute and dalver any addonal financing stalomonts covering sald goods from lime to time and in such form as Grantee may require fo perfoct a secury interest with respect fo said goods, Grantor shall pay all costs offing such ‘inancing stafoments and renewals and releases thereot and shall pay all reasonable costs and expenses of any record searches for financing statements which Grantee may reasonably require. Without the prior written consent of Grantee, Grantor shall not create of sulfes fo be created, pursuant tothe Uniform Commercial Code, any other securty interest in said goods, including replacements and additions thereto. Upon Grantors breach of any covenant of agreement of Grantor contained in this morigage, including the covenants {0 ay when due all sums secured by this mortgage, Grantee shall have tre romedios of a Secured party under the Uniform Commercial Code and, at Grantee's option, may also invoke the remedies permited by applicable law as to such goods. ‘is rotated hereto — Dabior i: Washington Management, LLC 166 Washington Road Hamden, CT 06518 ‘Secured Party is: Entertainment Financial, LLC 75 Gerber Road East South Windsor, CT 06074 Volume: 512 Page 173 Seq: 10Page tate 27. _ EFFECT OF CHANGES IN LAWS REGARDING TAXATION. In the ovent of fan enactrnent of any law deducting from the value of the Premises any mortgage lien thereon, or imposing upan the Grantee the payment ofall or part ofthe taxes, charges or ‘assessments previously paid by the Grantor pursuant to this mortgage, or changing the law felating to the taxation of morigages, debts secured by mortgages or the Grantoe’s intrest in the Premises so as to impose new incidents of fax on the Grantee, then the Grantor shall pay such taxes or assessments oF shall reimburse the Grantee therefor, provided that, however, ii the opinion of counsel to the Grantee such payment cannet lnwfuly be made by the Grantor, then the Grantee may, at the Grantee's option, deciare al ofthe sums secured by this mortgage to be immediately due and payable without prior notice to the Grantor, andthe Grantee may invoke any remedies permited by applicable law. 28, USE OF PROPERTY. Uniess required by applicable law or unless the Grantee has othenvise agreed in wring, the Grantor shall not allow changes in the nature fof the occupancy for which the Promises were intended at the time this mortgage was executed. The Grantor shall not inate of acquiesce In a change. in the zoning Classification of the Premises without the Grantee's prior written consent, The Granior warrants and represents that ts use, and the use by any ofits tenants, of the Premises fin ‘accordance and compliance with the terms and conditions of any and all ues, regulations land laws that may be applicable fo the Premises, and that the shall maintain and continue ‘such compliance and shall require and ensure ls nants compliance with the same, 28, MISCELLANEOUS PROVISIONS, This mortgage shall be governed by and ‘construed under the laws ofthe State of Connecticut. Inthe. event any provision or clause ofthis mortgage or the Note it secutes is determined by a cout of appropriate jurisdiction to be invalid and unenforceable, sald determination shal ot affect the valid of the remaining provisions ofthis mortgage or Note tothe extent they can be given effect without the invalid provision or provisions. 30. WAIVER OF RIGHTS. THE GRANTOR (AND ON BEHALF OF ITS. ‘SUCCESSORS AND ASSIGNS) ACKNOWLEDGES THAT THIS MORTGAGE AND THE NOTE SECURED BY AND “UNDER THIS MORTGAGE IS A COMMERCIAL ‘TRANSACTION, AND HEREBY VOLUNTARILY AND KNOWINGLY WAIVES THE RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903 OF THE CONNECTICUT GENERAL STATUTE, OR ANY SUCCESSOR STATUTE OF SIMILAR IMPORT, WITH RESPECT TO ANY PREJUDGMENT REMEDY AS DEFINED THEREIN, and, further, waives diligence, demand, presentment for payment, notice of nonpayment, protest and notice of protest, and notice of any statutes of limitations, and agrees that the time for payment of amounts due under this mortgage and the Note may be changed and extended as provided in said mortgage or any security agreement, without Impairing the Grantor's ability thereon, and further consent fo the release of all or any part of the security for the payment hereof, or the release of any party liable for this obligation without affecting the liability ofthe other parties hereto. 31. JURY TRIAL WAIVER. in the Interest of @ spoody resolution of a lawout which may arise hereunder, the Grantor and each guarantor, accommodation maker and fendorcer ofthis mortgage waive a tial by jury in any action with respect to the transaction Volume: 512 Page: 173 Seq: 14(of Which thie mortgage isa part and as fo any issues in any way arising under or relating to this morigage. The Grantor acknowledges that it makes this waiver knowingly, voluntarily {and only afer consideration of the ramifications of this waiver by ts attorney. NOW THEREFORE, ifthe Grantor shall pay the note according to is tenor, and i agreements contained herein, in the Note, and in any other document, instrument and Agreement executed andior delivered in connection herewith are fuly kept and performed, then this deed chal be voi, otherwise to romain in ful free and effec. IN WITNESS WHEREOF, the Grantor has hereunto caused this deed to be signed ‘and sealed this 3 day of January 2013 ‘Signed, sealed and delivered inthe presence of: January 3, 2013, COUNTY OF TOLLAND ) Personally appeared, Moustapha Diakhate, as Member of Washington idanagement, LLC, ‘signer and sealer ofthe foregoing instrumont, who, and acknowledged the same to be his ‘ee act and deed and the fee act and dead of said ited lability company, before me. ec — Rober E, Ghent, Esa Commissioner of the Superior Court Volume: 512 Page: 173 Seq: 12SovEDLEA DesaiTioN OF PROPERTY 01 Easton Stet, AON Comment 501 Ean Seat ‘Sted one ene io of ln Sots one wot ie of Eat Man Set. sng sn an ange ‘Aut O82” eres" tal map oan ond np Prope Fase Conran Dvn Ema so, (Cones Sait nah= 45 fot Jonny 16,198 frat no. Co-2805. wen manor pan on ors os, ‘od nt Ancona Tow Cares On, wartos ih htby dead ang vandee Byard vow or fame fC of Amol, eng eo ot sp Sho on ed map a8 Aaya, “2310 EAST By et an Sel, 220.38. by land nwo fry oC otra, show on eid ap, 95.5 ft; WEST: By nd nom lama ey Anna how on ele map 13 os By and now rma of Cy Arn sown oh kt ap, 20.48 et yen now reat fly of reo, show oni rap, 0:28 yan now oreomaty of Cy Arson, ge shown on ep, 16.00 and yan now o may of Cy Arsen by ln show on sald map a8 Pusanay oF, lmao tomer Ve A Sansa ane byl omy fmm) Dea, own ened map part by each ra 987 et “Tegotar ith lt, le end baesin nto hse ena reas shorn on strap as “16 Paseo Fart “ie Pasay o rans, Pssnonyo Fare, me". Faron Fare, Volume: 12 Page: 173 Seq: 13ASTO: SCHEDULE B Encumbrances ‘501 East Main Street, Ansonia, CT 06401; 41, Taxos on the List of October 1, 2011 in favor ofthe Town/City of Ansonia, Connecticu, paid through June 30, 2013, 2. Those items shown on the tile policy deveed to Lender as part ofthe loan transaction Volume: 512 Page: 173 Seq: 14SCHEDULE ¢ cor OMISSORY NOTE '$2,000,000.00 Vernon, Connecticut January 3, 2013 AFTER DATE, FOR VALUE RECEIVED, the undersigned, WASHINGTON MANAGEMENT, LLC’'a Connecticut limited lability company having its principal place of business at 65 Washington Street, Hamden, CT 08518 (horeinafier refered to a5 "Borrower’), promises to pay to the order of ENTERTAINMENT FINANCIAL, LLC a Connecti limited liaily company at its principal place of business at 75 Gerber Road East, South Windsor, Connecticut (hereinafter referred to as "Lender" or at such other place as the holder may designate in writing, the principal sum of TWO MILLION AND (00/100 DOLLARS ($2,000,000.00) with interest on said unpaid balance as hereinafter set forth, together with all taxes assessed upon this note and together with all costs and allomeys fees incurred in any action brought to collect this note orf protect, maintain of foreclose the secur interest of mortgage securing the same or upon any Itigation or ‘controversy affecting this note or the securty given therefor, including, without limitation, proceedings under the Federal Bankruptcy Code. PAYMENTS. A. Commencing on March 1,201 and continuing on the day of each month thereafter through and including the payment due on October 1, 2013, Borrower shall make monthly interest only payments in the amount of TWENTY "THOUSAND AND 00/100 DOLLARS ($20,000.00). B._. If not sooner paid, the entire balance due, principal, accrued interest and otherwise, shall be due and payable in fullon November 1,204 (the "Maturity Date”) Itis understood and agreed by Borrower that if sufficient prepayments of principal have not been made, a balloon payment will be due on the Maturity Date C. _Allpayments received willbe credited fist to late charges and costs hereunder, then to interest accrued at the applicable Interest rate hereinafter set forth, withthe balance on account of principal A. The rate ofintorast of this note, which shall remain effective in the absence af an event of default, shal be fixed at twelve percent (12.00%), per annum. B. _Atnotime shallthe interest rate ever excood the maximum rato permitted by the usury statutes applicable to this transaction, any. Mf, by application of interest rate formula, the interest rate would exceed and violate any such usury interest shall acerue atthe maximum rate permitted by law. DEFAULTS OR EVENTS OF DEFAULT. —_Itanyofthe following events occur (whichis an "event of default), Lender may deciare the Entire Note Balance, together with any other ariounis that Borrower owes to Lender, to be immeciately due and payable: Volume: 512 Page: 173 Seq: 15‘A. Borrower falls to pay any instalment of principal andlor interest or any other charges due under this Note within ten (10) days afler the same becomes dle and payable; B. Borrower defaults in any other obligations, lables or indebtedness with Lender (whether now existing or hereafter arising); ©. Borrower, sll, leases or otherwise disposes of al or substantially ll of his property, assets or business, or if Borrower coases any of its business operations or ‘commences reorganization; D. Borrower makes or takes any action to make a general assignment fr the benefit of its creditors or becomes insolvent or has a receiver, custodian, trustee in ‘Bankruptcy or conservator appointed for tor for substantially all or any ofits assets; E. Borrower files or becomes the subject ofa petition in Bankruptcy or upon the ‘commencement of any proceeding of action under any Bankruptcy laws, ineolvency laws, relief of debtors laws or any of other similar law affecting Borrower, provided, however, that Borrower shall have sixty (60) days from the fling of any involuntary pelion in Bankruptey tohave the same discharged and dismissed; F. _Upori the failure by Borrower to observe or perform, or upon any default in, ‘any covenants, agreements or provisions in any other instument, document or agreement, ‘executed andlor delivered in connection herewith or therewith; G.__Any'epresentation or statement mage herein or any other representation ot statement made or furnished to Lender by Borrower was materially incorrect or misleading atthe time it was made or furnished: H. Inthe event of any material adverse change in the financial condition of Borrower oF |. Inthe event of Borrower's merger or dissolution or the death of any guarantor ofthis Note. DEFAULT RATE. Interest wil continue to accrue after default and afterjudgment until the note is paid in ful at the rate of tree percent (3%) per annum above the then ‘existing interest rate in effect under this note. PREPAYMENT. Borrower may prepay all or any part of the unpaid principal balance of this Note at anytime. Prepayments shall nt incur any penalty. LATE CHARGE. itis further agnoed that he holder hereot may collectalate charge equal to five percent (5%) of payment required hereunder, including the final payment, or required under any security agreement, mortgage or any other instrument, document ot ‘agreement executed andlor delivered in connection herewith which isnot paid within ten Volume: 512 Page: 173 Seq: 16SCHEDULE ¢ (10) days ofthe due date thereof. This late charge isto cover the extra expenses involved in handling delinquent payments and is not to be construed to cover ather costs and attorneys! fees incured in any action to collect this note oF fo foreclose the mortgage securing the same. This provision shall not affect or limit the holder's rights or remedies ‘with respect to any defauit LIENISET OFF. Borrower hereby glves the holder hereof a fon and right of set off {or all of Borrower's liabilities upon and against al deposit, credits and other property of Borrower now or hereatter inthe possession or control ofthe holder hereof, orn transit to i, excepting, however, funds held In trust by Borrower. Upon any default hereunder, Lender or any holder hereof may, at anytime, without frst resort to any other collateral ot securty, apply all or part of said deposits, credits andior property to any billy of Borrower, whether or not matured atthe time of such application, WAIVER OF RIGHTSIDELAY. BORROWER (AND EACH AND EVERY ENDORSER, GUARANTOR, AND SURETY OF THIS NOTE) ACKNOWLEDGES THAT ‘THE LOAN EVIDENCED BY THIS NOTE IS A COMMERCIAL TRANSACTION, AND HEREBY VOLUNTARILY AND KNOWINGLY WAIVES THE RIGHT TO NOTICE AND HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, OR ANY SUCCESSOR STATUTE OF SIMILAR IMPORT, WITH RESPECT TO ANY PREJUDGMENT REMEDY AS DEFINED THEREIN, and further waives diligence, demand, presentment for payment, notice of nonpayment, protest and notice of protest and notice of any renewals or extensions of this note, and all rights under any statute of limitations, and agroes that the time for payment ofthis note may be changed and extended as provided in sald mortgage or any security agreement, ‘withoutimpairing Borrower's liability thercon, and further consents tothe release of all or any part of the security for the paymont hereof, or the release of any party liable for this obligation without affecting the liability of the other parties hereto. Any delay on the part of the holder hereof in exercising any right hereunder shall not ‘operate as a waiver of any such right, and any walvor granted for one occasion shall not operate as a waiver in the event of any subsequent default. JURY TRIAL WAIVER, in the interest of a speedy resolution ofa lawsuitwhich may arise hereunder. Borrower and each accommedation maker and endorser under this Note Waive a trial by jury in any action with respect to this Note and as to any issues arising relating to this Nota, LAWS. This note shall be governed by and construed in accordance withthe laws of the State of Connecticut JOINT AND.SEVERAL, Should this note be signed by more than one Borrower, references inthis note to Borrower inthe singular shal include the plural and all obligations hetein contained shalt be joint and several of each signer hereof. RIGHTS CUMULATIVE, The rights and remedies of the holder hereof shall be cumulative and not inthe alfernative, and shall include all rights and remedies granted Volume: 512 Page: 173 Soi 247SCHEDULE ¢ herein, in any document referred to herein or executed andior delivered in connection herewith, and under all applicable laws, and the exercise of any one or more of them wil ‘not be a waiver of any other, SUCCESSORS AND ASSIGNS. The provisions of this note are binding on the respective heirs, successors, administrators, assigns and of Borrower, and shall inure fo the benefit of the holder hereof, ts successors and assigns, SEVERABILITY. |f any term, clause or provision hereof shall be adjudged to be invalid or unenforceable in any way, the validity and enforceabilty ofthe remainder shall not be affected thereby and each'such tom, clause oF provision shail be valid and enforceable tothe fullest extent permitted by lav. WASHINGTON MANAGEMENT, LLC si ‘Moustapha Diakhate, lis Member ‘This note is secured by a frst priorty mortgage deed on those certain pieces or parcels of real property more commonly known as 65 Main Street and 501 East Main Street, both ‘of Ansonia, CT 06401 and a second priority mortgage deed on that certain piece or parcel of real property more commonly known as 34 Level Street, New Haven, CT 06516 all of which being more specificaly described In said mortgages. ile Aarts Volume: 512 Page: 173 Seq: 18EXHIBIT Ccot 2 that ti t= 1! Document on re 53 (evan a an 3 ae 512 191-196 ‘Aftcr Recording Return to: Kahan, Kerensky & Capossela, LLP ‘Alin Atene LeRoy 45 Harford Tumpike Veron, CT 08086 ‘COLLATERAL ASSIGNMENT OF LEASES AND RENTALS ‘THIS ASSIGNMENT made this day of January 2013 by WASHINGTON MANAGEMENT, LLC Connecticut ted lity company having Is prinpal place of business al 86 Washington Steet, Hamden, CT 06518 (jeteneter refered to asthe “Assigno”) wit} ENTERTAINMENT FINANCIAL, LLC, a Connecticut imted tabilly compary having Is prcipal place of business at 75 Gerber Road East, South Windsor, Connecticut (he "Assignee') WITNESSETH For value received, the Assign hereby grants, transfers and assigns tothe Assianse, any and all lease or leases, wih amendments, any, and al month-iowmonth tenancies which leases ‘over portions o lof he fel property known as 601 East Main Street, Ansonia, CT 06404 and ‘ote pareularly described on SCHEDULE A, attached hereto and made apart hereot (hereinafter ‘referred to a tho "Promises", and any extensions and renewals thereof and any quarantees ofthe asses’ obligations Under any thereo, and al rents, ncome and profs arising fom the leases and ‘extensions and renewals tharef, # any, and together wth al rents, income and profs due or © ‘become due ftom the Premises and ffem any and all ofthe leases or tenancies forthe use and ‘occupancy of the Promises or ary par thereof which are now in existence or which may be created in the fture during the term of this Assignment, whethor or net recorded; together with and Including, the Aesignors ene interest in any lease, tenancy, rental or occupancy agreement new ‘isting or which may be made hereafer affecting the premises, including but not lied to those leases listed on SCHEDULE B etiachod horeto and mado a pat hereo (al ofthe sforementoned leases and tenancies, now o: hereafter existing, re hereinafter referred to as the "Lease" or Leases") and together wth al te righ, power and author ofthe Assignor to alle, modly or change of fo lerminate the tom thereof or accept a surrende” thereof oto cancel the same oro ‘waive, or release tho lessee from the performance or ebeervance by tho lass0e of any obligation or ‘condtion therefor fo accept ents or any ether payment thereunder for more than tity (30) aye Dror ta acct, forthe purpose of sscuring (a) payment of all sums now ot at ary time here due the Assignes a3 evidenced bya certain Commercial Promissory Not rom Assignor, nthe amount ‘of up TWO MILLION AND 00/100 DOLLARS ($2,000,000.00), of even date herewith Including ‘any extensions o” renewals thereof (Ihe "Noe, and secuted by a Open-End Morigage Deed & ‘Seuury Agreement (Be "Mortgage, which Mortgage wil be recorded on the date that this Instruments recorded, and @) performance and discharge of each and every obligstion, covenant and agreement contained herein and inte Mortgage, the Note and eny and al oer documents ‘executed andlor delvered in connection therewith ‘The Assignot andthe Assignee futher hereby agree as follows: 4. The Assignor shal not alter, modi or change any of the Leases or terminate the term thereof or accept a surendet there! or cance! any of the Leases of wave or raloase ony lessee from the performance or observance by #leeeoe of ary oblgalon or condtion thereat of ‘accep ens, oF anyother payments thereunder fo ore than tity (20) days porto accrual without ‘the ptior writen consent ofthe Assignee. Volume: 512 Page: 191 Seq: 1ait 2. The Assignor wil ul or perform each and every condition and covenant ofthe ‘Leases by the Assigna obs full or portormad, ave prompt notice othe Assignee of ay nates of default by the Assignor under any of ihe Leases recelved by the Assignon. together wih & complete copy of any such notes, and atthe ale coe! and expense ofthe Assgnor, enforce, shot (of forminaton of the Leases, tho performance or observance of eath and every covenart and onciion of any Lease by the lessee tobe performed and observed 3,___Solong asthe Note shall remain unpaid or the Mortgage unreleased, the Assignor shallot convey the Premises to any lessee orto anyone ele. The Assigny shal, ding te orm ofthe Note, atthe request ofthe Assignee, delverto the Assignee annual @ completed rent rol of the Promises listing the names ofall lnants, the lem of each Lease and the monthly rental of 4, _AllsubsequentLeasos and tenancies for he use and occupation of the Premises or ‘ny part hereof shall be and ae hereby made subject's all ofthe terms ofthis Assignment. The Assignor agrees to deliver copies of all subsequent Leasas fo the Assignee promptly upon thei execution 5. __TheAstignee shal notbe obligated to perform or ischarge any obigation under any \Leaso, or undar or by reason ofthis Assignment, and the Assignor hereby agrees fo Indemnity the ‘Assighes against and hold it harmless ftom anand al Habity, oss or damage which f may incur Lunder any Lease or under or by reason of is Assignment and of and om any and al clans and demands whatsoever which may be asserted againet It by reason of ay alloged obligation or Undertaking on fs pat to perform or dscharge ary ofthe terms of any Lea should the Assignee ‘incur any such abil, oss or damage under any Lease cr under of by reason ois Assignment, {In defonso against any such claims or demands, the amount thereat, including cost, expenses ‘rd reasonable atfomeys’ foes, together wit Interest thereon a the rate set ferth nthe Note shall be secured hereby and by the Mortgage, andthe Aseignor shall eimburee the Assignee therefor Immediately upon demand. 6. __Uponoratany time afer defautin he payment of any indebtedness secured hereby ‘or nthe pertormance of any obligation, covenant or agresment horen or inthe Mortgage or the Nol, or inary other document, instrument or agreemont executed anil datvared in connection hareith or there, or inthe Assignors covenant in ay Lease covering all ora portion ofthe Premises the Assignoe may, a ts opfon, without notice, and without regard the adequacy ofthe ‘security forthe indeblodness hereby secured In person or by agent, with oF without bringing any ‘acon, suitor proceading, enfer upon and take possession of the Promises, and have, hole, ‘manage, lease and operat tho same on suet terme, employing such management agents ar for ‘such period cftime asthe Assignee may deem proper, and may collect andrecalve ales, sues {and profs of the Premises, incuding those past due, with ul power to make rom inet ime al ‘atterations, renovations, repairs or replacements threte as itmay deem proper and mak, enforce, ‘malty and accept the surrender of any of the Leases; fx or madly rents; and to do all hinge Tequlted of o permit tothe Assignor under ary Lease: and do any acts which the Assignee ‘doums proper o protec the security here ntl al Indebtodress secured hereby spain ful and ‘ther with or without taking possession of the Premises, ints own name, sue for of otherwise colect and receve al rents, fssues and profs, including those past due and unpaid, and apply the ‘ame, les costs and expenses of poration and colecton, ineluding reasonable aitomeye' fees, ‘management agents fees, and, he Assignee manages the Premises wih fs own employees, an Volume: 512 Page: 191 Seq:2Page sate ‘amount equal to the customary management agents fees charged for sir property inthe area Ure the Premises are located, ypan any indebledness secured hereby In such erder a the ‘esigheo may actualy receve tom the Premises. The Assignee shallnot be accountable for more ‘monies than actually receives fom tye Premises; nor shalitbe liable for false to collectrens for ‘ny reason whatsoever. Mis rot the intention af te partes hereto that an enty by the Assignee "pon the Promiss under the terms of his inetrument shall onstlue the Assicnee asa mortgagee in possession’ In contemplation of law, except a he option ofthe Assignee. The Assignor shall facitae in al reasonable ways, any action taken by the Assignee under tis Paragraph and the ‘Assignor shall, upon demand by the Assignoe, exocua a witen note teach lssee and occupant le the pron whore mesure othe win neneat ad acknowledged oe at be ‘edd te ai tore capac, and tht by sata the rete a ese, ‘tthe ently pon bebo which te peo acted, cuted te amen 1 cently uader PENALTY OF PERJURY under the lnwr of the State of Conectiut that dhe fouegoing paragraphs wae gad coerce (888 my hang and official sal “shel “ARY PUBLIC PAULA, HOLUSTER sul ot Connossieut uP Etnmcian eres Sanu 30 Volume: 531 Page: 325 Seq:3DESCRIP OF PROPERTY (MAN STREET ANGONUA Comertet FFRST PARCEL 05 sl Steet ‘Shue nD shasta esses of sy St ton the stated we les Es Mah Sie, being shown a dered se vou 285+ Aeron satan on eed "ap Pepe or Fe Senta Onision Ear eis, Comet Soe: ch 0 eatery 15108 rene. SRO ‘mc mop ot ens onc rma beled sain Ton Ge On, rose neh ey ede, Se beg boo NORTHEAST: By Cty of soi Fahne, or howe sp £50 fs, NORTIRNEST: By Cty of Aol reboss a shown on sd map 44.5 Nommpeasr SAND EAST: Oy EAel Stoo 65710, ‘SOUTH: Byun ew er frm f Gos Len, by lan shone end map a "Alay, {80.28 ft WEST: Bytand oor formmy of Gorge Let by nt sown one Paavo Fara ans bard noe omar Fak Para & Soa npn sack 11 tet a ang fet wet of onc pall tothe west ng one om on Ft Pa, ‘SOUTH AGAIN: By st nn now of forma Fan Par an, a show on samp 54.0 ia an weer AND, NorTawesr AeA ay tain See 561.28 ft “Togsbar wo te anna nso th "Ova Papago i Cy of Ane ‘Apa abou on eis ap ann on thera shou Pasay aon cd ayes he ‘ted ofead rmtos of tot Ine Mah See. asa Rae Asis CF ‘OneBnSIDIN st igen nat Volume: 531 Page: 325 Seq: 4EXHIBIT LQIN AA Boc_10; | 001525880004 Type: LAN Goerification is hereby made that this \s, w531 76B-771 Rages eee th on ‘Ansonia; Conn. WHEN RECORDED MAIL TO: * aue ules RCN Capital, LLC « 75 Gerber Road East . South Windsor, CT 06074 * 60 6 6 6 © 68 8 Go Go oo o ASSIGNMENT OF OPEN-END MORTGAGE DEED AND SECURITY AGREEMENT, THIS ASSIGNMENT OF OPEN-END MORTGAGE DEED AND SECURITY AGREEMENT (the “Assignment”), effective as of March J3, 2015 from EF PORTFOLIO PROPERTIES, LLC, a Connecticut limited liability company, whose address is 75 Getber Road Bast, South Windsoz, Connecticut 06074 (the “Assignor”), to SHAW GROWIH VENTURES INC, a New York corporation, whose address is 195 West Road, Berne, NY 12023 (the “Assignee” | | | Above Space for Recorder's Use | | RECITALS WHEREAS, WASHINGTON MANAGEMENT, LLC, 2 Connecticut limited liability company (collectively, the “DDebior”), executed that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (the “Mortgage”), dated as of the 3rd day of January, 2013, and tecorded in the Ansonia Land Records, State of Connecticut in Book 512 at Page 197, in connection with 2 loan from RCN CAPITAL, LLC, successor by name change to ENTERTAINMENT FINANCIAL, LLC, a Connecticut limited liability company (“Original Owner”) to Debtor, to secute payment of an aggregate amount of $2,000,000.00 according to the ~ terms and provisions of that certain Promissory Note dated January 3, 2013, in the original principal | amount of §2,000,000.00 (as amended, supplemented, extended, restated, replaced or otherwise | modified from time to time, collectively, the “Note”). | WHEREAS, on February 12, 2015, the Assignor purchased the Note and Mortgage from the Original Ownet and the Original Owner executed an assignment of the Mortgage which was recorded in the Adsonia Land Records, State of Connecticut in Book 531 at Page 325; NOW THEREFORE, for value received, the sufficiency of which is hereby acknowledged, Assignor hereby assigns unto Assignee fot collatetal secutity, without tecoutse, the Mortgage and all | other documents executed by Debtor in connection with the Note, together with all sums now ‘owing or that may hereafter become due or owing in respect thereof, and the fall benefit of all ‘ASM 2701413 vt IaNO72013 9:00 AM 5osi90sv2powers, covenants and provisos therein contained, The Mortgage encumbers that certain propetty situated in the Ansonia, State of Connecticut, mote particularly described in Exhibit A sttached hereto and incorporated hetein by this reference. TO HAVE AND TO HOLD, the Mortgage and the property therein and hereinafter described, unto Assignee forever, subject to the terms and conditions thereof, ‘This Assignment and the covenants herein shall inure to the benefit of and extend to and be binding upon the successors and assigns of the respective parties hereto. [SIGNATURE PAGE TO FOLLOW]IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day and year first above written. EF PORTFOLIO PROPERTIES, LLC By: Name: Tes Title, ZAtthorigA-Sig State of CONNECTICUT ) ) 8 South Windsor County of HARTFORD ) (On March / , 2015 before me, personally appeared, Jeffrey Tesch, Authorized Signatory of EF PORTFOLIO PROPERTIES, LLC (the “Company”), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, of the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Connecticut that the foregoing paragraph is true and correct. Caeh donk my hand At official seal NOTARY Stasi PAULAA. HOLLISTER Notaiey Puaiie State of Connecticut My Commission Expires danuaty'34, 2097‘SCHEDULE A DESCRIPTION OF PROPERTY (65 MAIN STREET ANSONIA Connecficut FIRST PARCEL -€5 Main Street: ‘Situated on the southeast and east sides of Main Strest and on the southwest and west sides of East Main Stes, bing shown and designated as Area = 2.85% Acres" on a oprtaln map or plan ened "Map Prepared for Farrel CConnacticut Division - Emvart Ansonia, Connecticut Scale: 1 inch = 40 feet January 15, 1988 (index no. CO-2888)' ‘which map or plan is on fle ors to be fed inthe Ansonia Town Clerk's Office, reference to which is hereby made, ‘and belng bounded: NORTHEAST: _ By City of Ansonia Firehouse, as shown on said 8p, 85.00 feat; NORTHWEST: By Clty of Ansonia Firehouse, as shown on sald map, 44.06 feet; NORTHEAST ANDEAST: By East Main Stret, 597.10 fect, SOUTH: By land now of formerly of George Lewis, by land shown on sald map as “Alleyway, 180.28 fet; west: By land naw or formerly of George Lewis, by land shown on said map as *Passway to Fare, and ‘by land now or formerty of Fraik Perrot & Sons, inc, in part by each, in all 11,04 fet (eld ine belng 8 feet west of and parallel tothe west ine of ie bung situated on said Fist Parco); ‘SOUTH AGAIN: By sald land now or formerly of Frank Perrott & Sons, In, 28 shown on sald map 54.04 fet and WEST AND NORTHWEST AGAIN: By Main Street, 651.28 feet, ‘Together with alright, ttle and interes in eno tho "Overhead Passway leading across sald Cy of Ansonia ‘Alleyway, as shown on sald map, and in end tothe area shown es ‘Pessway to Farrel on sald map, leading fom the ‘west ne of sald premises tothe east ine of Main Street Revelved for Record at facta’ CT (On cazaaNIS A 11:40:54 am igen ek Svcs